Orange County Underage DUI Lawyer
Protecting the Rights & Futures of Minors Facing DUI Charges
If you or your child is facing underage DUI charges in Orange County, CA, seek experienced legal representation immediately. At Law Offices of Virginia L. Landry, Inc., we understand the consequences a conviction can have for a young person. We provide skilled, compassionate defense for minors charged with driving under the influence.
An underage DUI charge can overwhelm both the young person and their family. As Orange County underage DUI attorneys, we explain your rights, guide you through the legal process, and build a defense around the evidence in your case.
To request a free initial consultation with our Orange County underage DUI lawyers, call (949) 694-8804or contact us online today.
What Is Considered an Underage DUI in California?
California law applies different blood alcohol concentration (BAC) thresholds to drivers under 21. The statute involved determines whether the accusation proceeds as a civil DMV matter, an infraction, or a criminal DUI charge.
The three principal thresholds are:
- California Vehicle Code 23136: This section prohibits a driver under 21 from driving with a blood alcohol concentration (BAC) of 0.01% or greater, as measured by a preliminary alcohol screening test or another chemical test. A preliminary alcohol screening test is a roadside breath test used to estimate alcohol concentration. A violation is a civil matter enforced by the DMV.
- California Vehicle Code 23140: An underage driver with a BAC of 0.05% or more can face an infraction under this section.
- California Vehicle Code 23152: A driver under 21 with a BAC of 0.08% or more can face a DUI charge in addition to underage-specific allegations. This is a criminal offense, rather than solely a civil DMV matter.
We also handle drug DUI allegations involving drivers under 21. The evidence and legal issues depend on the substance alleged and the circumstances of the stop.
California Underage DUI Penalties
The consequences depend on the reported BAC, the statute charged, prior offenses, and whether the incident involved injuries or property damage. A section 23136 DMV action carries different potential consequences from an infraction under section 23140 or a charge under section 23152.
Potential consequences include:
- License Suspension: A first section 23140 violation can result in a one-year driver’s license suspension.
- Fine and Assessments: A first section 23140 violation generally carries a statutory base fine of about $100, plus additional assessments.
- Alcohol Education: Drivers who are 18 or older can be required to complete an alcohol education program after a first section 23140 violation.
- Additional DUI Penalties: An allegation under section 23152 carries consequences separate from the underage-specific statutes.
Families should also consider how the charge could affect a young person’s education and future plans alongside the immediate DMV and court issues.
FAQs About Underage DUI Charges in Orange County, CA
The rules depend on which test an officer requests and when the request occurs.
Can I Refuse a Breath Test If I’m Under 21?
A driver subject to section 23136 doesn’t have the same right as an adult driver to refuse a preliminary alcohol screening test. Refusing that test triggers an automatic license suspension of one to three years, depending on prior offenses. The roadside test and later chemical testing involve different legal issues.
We review what the officer requested, the advisements given, and how any alleged refusal was documented.
How Law Offices of Virginia L. Landry, Inc. Can Help
At Law Offices of Virginia L. Landry, Inc., we take underage DUI charges seriously. We represent young drivers in Orange County courts and administrative proceedings involving driving privileges. We examine the statute alleged, the evidence collected, and whether law enforcement followed the required procedures.
Virginia L. Landry has devoted 38 years primarily to California DUI defense. She is Board Certified in DUI Defense Law by the National College for DUI Defense and is qualified to instruct attorneys and judges in driving while intoxicated detection and standardized field sobriety tests.
Our defense approach includes:
- Challenging the legality of the stop or arrest.
- Disputing the accuracy of field sobriety or chemical tests.
- Investigating whether law enforcement followed proper procedures.
- Evaluating diversion or negotiated resolutions when supported by the facts and available law.
We obtained a dismissal in an under-21 zero-tolerance DUI case involving a breath alcohol concentration of 0.09 after the court granted a motion to suppress evidence. That prior result doesn’t predict the outcome of another case, but it shows why the legality of the initial stop and the collection of evidence require close examination.
When you work with our Orange County underage DUI attorney, you gain an advocate who examines both the criminal court charge and any separate administrative proceeding affecting your driving privileges.
Client Testimonials
Education & Employment Concerns After an Underage DUI
If you or your child faces an underage DUI allegation, you may have questions about college applications, scholarships, internships, and employment opportunities. The effect varies by institution, program, or employer, so your family shouldn’t assume one policy applies in every situation.
Colleges and universities can maintain disciplinary processes separate from the DMV action or court proceedings. Review any applicable student conduct rules, notice requirements, and response deadlines while addressing the legal accusations.
These future-planning concerns belong in the broader case discussion. Identifying them early helps our juvenile DUI lawyer in Orange County understand which educational or professional issues matter most to you and your family.
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"Virginia is a top notch Attorney!"Virginia is a top notch Attorney!- Sonny G.
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"Virginia has been extremely honest and helpful. She goes the extra mile and she cares about people!"Virginia has been extremely honest and helpful. She goes the extra mile and she cares about people!- Toni B.
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"Virginia is very honest person and actually cares. Great to work with!"Virginia is very honest person and actually cares. Great to work with!- Nima A.
What to Gather After an Underage DUI Allegation
Don’t make any statements to police without legal counsel, and gather any documentation or witness information that may help your case.
Gather these materials when available:
- Citation and Arrest Records: Keep the citation, arrest notice, release paperwork, and any documents identifying the alleged Vehicle Code section.
- DMV Paperwork: Save every notice concerning a proposed suspension or the right to request an administrative hearing.
- Written Timeline: Record what happened before, during, and after the stop, including testing, arrest, and release, while the details remain fresh.
- Witness Information: Collect the names and contact information of passengers or other people who observed relevant events.
We review these materials along with the circumstances of the stop, field sobriety testing, chemical testing, and arrest. The facts determine which evidence and procedures require further investigation.
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The 10-Day Deadline for a California DMV Hearing
A driver has 10 calendar days from the date of arrest or notice to request a DMV Administrative Per Se hearing. This civil DMV proceeding concerns driving privileges, and the deadline applies to a minor accused of driving with a BAC of 0.01% or more.
Requesting the hearing postpones the suspension until the hearing occurs. Without a timely request, the DMV can allow the suspension to take effect automatically.
The DMV proceeding is separate from the criminal DUI case in court. A decision in one process doesn’t automatically resolve the other, which is why we provide representation in administrative hearings as well as criminal court matters.
